JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Edo State High Court, Benin Judicial Division in Suit No: B/351/2010 Between:- ENGR ACHEBO PATRICK V. ECOBANK PLC (Formerly Oceanic Bank International Plc) delivered on the 9th day of November, 2010, wherein Judgment was delivered in favour of the Plaintiff/Respondent and against the Defendant/Appellant.
Briefly, the facts of the case are that by the Writ of Summons, the Plaintiff (now Respondent) claimed against the Defendant (now Appellant) the sum of (N19, 270, 084.53) Nineteen Million, Two Hundred and Seventy Thousand, Eighty Four Naira, Fifty-Three Kobo being the total amount of fixed deposit the Plaintiff lodged with the Defendant Bank under a scheme known and called Oceanic Note which sum of money the Plaintiff has made several and repeated demands on the Defendant for withdrawal from the said deposit. The Defendant has failed, neglected and/or refused to accede to the Plaint…